We, the undersigned members of the International Freedom of Expression eXchange (IFEX), express our grave concern about the proposed changes to the Azerbaijan Republic Law on Non-governmental Organisations that are slated to be discussed in an extraordinary session of Azerbaijan's Parliament (Milli Mejlis) on 19 June 2009. A number of these proposed changes threaten to eradicate independent non-governmental organisations in Azerbaijan, including those that protect freedom of expression.

The proposed changes to the Azerbaijan Republic Law on Non-governmental Organisations include: outlawing the activities of organisations that receive more than 50 percent foreign funding; forcing NGOs that earn more than 50 percent of their funds through commercial activities to become commercial organisations; banning the activities of organisations that are not registered; banning the activities of branches and representations of registered organisations until they are added into the state registry; basing the registration of foreign organisations and foreign-funded organisations on an opinion issued by the relevant executive authority; and making it illegal for foreigners who are not permanent residents of Azerbaijan and people without citizenship to be founders of NGOs. (Please see here for a full list of the proposed changes: http://www.irfs.az/content/view/2436/lang,eng/ ).

We would consider the approval of such changes an egregious step backwards for Azerbaijan and a serious blow to the Azerbaijani government's self-professed aspirations for "Euro-Atlantic" integration. A number of the proposed changes blatantly contradict provisions of the International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights and Fundamental Freedoms, and obligations that Azerbaijan has undertaken before the Council of Europe, the European Union, the United Nations, the OSCE and other international bodies.

Taking into consideration the crucial role that civil society plays in protecting freedom of expression and defending all human rights, we, the undersigned, call for:

1) - Azerbaijan's Milli Mejlis not to adopt the proposed changes and amendments to the Azerbaijan Republic Law on Non-governmental Organisations in their current form;

2) - Further public discourse on the proposed changes, in particular via the publicly-funded print and broadcast media;

3) - Elimination of those proposed changes that violate the ICCPR, the European Convention on Human Rights and Fundamental Freedoms, and international obligations that Azerbaijan has undertaken before the Council of Europe, European Union, United Nations, OSCE and other international bodies;

4) - A transparent policy-making process involving law makers, government officials, representatives of civil society and citizens of Azerbaijan.

The parliament tightened legal restrictions on media freedom, broadening the scope of existing criminal defamation legislation in November and amending martial law in December to expand permissible information controls.

Rasim Aliyev, an independent reporter and acting chair of the Institute for Reporters’ Freedom and Safety (IRFS), died in August after being severely beaten; it remained unclear at year’s end whether the assailants’ motive was connected to Aliyev’s journalistic work.

The current document is a preliminary version of the groundbreaking review of the implementation of the Council of Europe commitments vis-à-vis fundamental freedoms in Azerbaijan. The final version of the report will be launched in October, during fourth session of the Parliamentary Assembly of the Council of Europe (PACE).

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